We hear it generally said that justice ought to be administered
with us as in Turkey. Is it possible, then, that the
most ignorant of all nations should be the most clearsighted
on a point which it most behooves mankind to
know?

If we examine the set forms of justice with respect to
the trouble the subject undergoes in recovering his property
or in obtaining satisfaction for an injury or affront,
we shall find them doubtless too numerous: but if we consider
them in the relation they bear to the liberty and security
of every individual, we shall often find them too
few; and be convinced that the trouble, expense, delays,
and even the very dangers of our judiciary proceedings
are the price that each subject pays for his liberty.

In Turkey, where little regard is shown to the honor,
life, or estate of the subject, all causes are speedily decided.
The method of determining them is a matter of indifference,
provided they be determined. The pasha, after a
quick hearing, orders which party he pleases to be bastinadoed,
and then sends them about their business.

Here it would be dangerous to be of a litigious disposition;
this supposes a strong desire of obtaining justice, a
settled aversion, an active mind, and a steadiness in pursuing
one's point. All this should be avoided in a government
where fear ought to be the only prevailing sentiment,
and in which popular disturbances are frequently
attended with sudden and unforeseen revolutions. Here
every man ought to know that the magistrate must not
hear his name mentioned, and that his security depends
entirely on his being reduced to a kind of annihilation.

But in moderate governments, where the life of the
meanest subject is deemed precious, no man is stripped of
his honor or property until after a long inquiry; and no
man is bereft of life till his very country has attacked
him--an attack that is never made without leaving him all
possible means of making his defence.

Hence it is that when a person renders himself absolute,
he immediately thinks of reducing the number of laws. In
a government thus constituted they are more affected with
particular inconveniences than with the liberty of the subject,
which is very little minded.

In republics, it is plain that as many formalities at least
are necessary as in monarchies. In both governments they
increase in proportion to the value which is set on the
honor, fortune, liberty, and life of the subject.

In republican governments, men are all equal; equal
they are also in despotic governments: in the former, because
they are everything; in the latter, because they are
nothing.